Practice Relating to Rule 150. Reparation
In its decision in the Markovic case in 2002, Italy’s Supreme Court of Cassation stated:
The provisions of the Geneva Protocol of 1977 (Articles 35(2), 48, 49, 51, 52 and 57) and of the European Convention on Human Rights (Articles 2 and 15(2)), which govern the conduct of hostilities, are certainly concerned with the protection of civilians in the case of an attack, but as provisions of international law they govern relations between States. The same treaties lay down the procedures for ascertaining violations, providing for sanctions in the event of responsibility (Article 91 of the Protocol; Article 41 of the Convention), and designate which international courts have competence to enforce it.
On the other hand, the laws which have incorporated the above in the Italian legal order contain no express provisions that permit injured persons to seek reparation for the damage done to them by the violation of international rules from the State.